My friend needs help badly...

M

memyself

Registered Users (C)
My friend entered the U.S 25 years ago from his home country of Guatemala. During the past 25 years he has been married to a U.S. citizen and then divorced. He now has a significant other who is also a U.S. citizen. They have been together for 10 years and have two children. His father is in the U.S. and is also a citizen. His mother never married his father and he took on his mother’s surname. Since his father was not married to his mother, his name in not on the birth certificate. Remarkably during the past 25 years he has never had LPR status. He does however, still hold his original passport. He did apply for LPR status with his ex-wife but never completed the process and the application was thereafter denied. He now wants to apply for LPR status. What are his options? Can his significant other apply for him given that they have been together for 10 years and have two children? If she cannot or does not, can his children apply for him? What about his father? If his father applies for him what issues may he face, if any and how can they be overcome? Will he have to return to Guatemala to obtain an immigrant visa?
Please advise as he really needs help!
Thank you in advance :)
 
First he needs to find out if there has been a removal order against him. When his original application was denied, the then INS probably moved to remove him. Did he receive any letters?

Did he enter the US with a valid visa?

Why didnt he adjust back in 2001?

His father can apply for him and his children. He needs to speak to a lawyer. Immediately.
 
memyself said:
Can his significant other apply for him given that they have been together for 10 years and have two children?
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Yes, if she marries him.

If she cannot or does not, can his children apply for him?
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Yes if they are citizens -- but not before they turn 21.

What about his father?
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No ... with the possible exception of 245(i). But even that would take several years, during which he is still deportable.
 
The best route for "your friend" would be get married to his current significant other that he has been with for ten years and has children with.
Given the lenth of the relationship including children, proofing that the marriage has been bonafide should not be a problem at all.

However, due to the history of refusal, he may need to consult with a lawyer. USCIS takes a very close look on cases that have a history of refusal.
 
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